Child Hurt by Broken Bathtub Faucet

March 1, 1996

LVT Number: 10402

Facts: Tenant's child was injured when the child slipped and cut herself on a broken bathtub faucet while tenant was bathing her. Tenant sued landlord for negligence. Landlord in turn sued tenant, claiming that tenant was negligent in her supervision of the child. Tenant claimed landlord had no right to sue her and asked the court to dismiss landlord's case. Court: Tenant wins. Tenant's responsibility was limited to taking care of her child. She had no duty to properly maintain the faucet or warn anyone else that it was defective.

Facts: Tenant's child was injured when the child slipped and cut herself on a broken bathtub faucet while tenant was bathing her. Tenant sued landlord for negligence. Landlord in turn sued tenant, claiming that tenant was negligent in her supervision of the child. Tenant claimed landlord had no right to sue her and asked the court to dismiss landlord's case. Court: Tenant wins. Tenant's responsibility was limited to taking care of her child. She had no duty to properly maintain the faucet or warn anyone else that it was defective.

Tejada v. TOI Realty Corp.: NYLJ, p. 28, col. 1 (2/7/96) (Civ. Ct. Bronx, Suarez, J)

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